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2025 Supreme(Online)(Cal) 2798

CALCUTTA HIGH COURT
RAVI KRISHAN KAPUR, J
SPEED FAST CONSTRUCTION PRIVATE LIMITED – Appellant
Versus
THE AUTHORISED OFFICER, INDIAN BANK – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Joyjit Choudhury, Mr. Ajay Singhal, Ms. Sunayna Prasad
For the Respondents: Mr. Subhotosh Dhar, Mr. Deborshi Dhar, Mr. Suresh Kumar Mitruka, Ms. Lisa Mishra, Mr. Sojit Swami, Mr. Syriti Yadav

..for the respondent no. 3 This is the second round of litigation between the parties.

This revisional application has been filed primarily on the ground that the petitioner’s access to justice has been allegedly denied.

Briefly, in an earlier round of litigation i.e., CO/99/2025, a Coordinate Bench had while grating an order of restraint on the auction purchaser and the bank given the petitioner a fortnight from date to approach the Debt Recovery Tribunal to challenge an order passed by the Learned Magistrate under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by filing an application under Section 17 of the said Act.

It is contended on behalf of the petitioner that pursuant to the above order, the petitioner has filed an application under Section 17 being Diary No/245/2025 before the Debt Recovery Tribunal. However, notwithstanding knowledge of the order passed by the High Court, the Registrar of the Debt Recovery Tribunal, Siliguri has listed the matter on 9th July, 2025 before the Registrar. In such view of the matter, it is alleged that the petitioner has no fora before which it can agitate its grievance.

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